Friday, March 29, 2024

Nchito’s tribunal resumes proceedings in camera

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Former DPP Mutembo Nchito
Former DPP Mutembo Nchito

THE tribunal constituted to probe suspended Director of Public Prosecutions (DPP) Mutembo Nchito of alleged professional misconduct yesterday resumed its proceedings in camera.

Mr Nchito was in March last year suspended by President Edgar Lungu who constituted a three-member tribunal to investigate him.

On April 1 last year, the tribunal led by chairperson, former chief justice Annel Silungwe and two other members, former chief justices Mathew Ngulube and Ernest Sakala, commenced the sittings at Mulungushi International Conference Centre in Lusaka to hear preliminary issues.

Among the issues was the tribunal being held in camera, legality of the terms of reference and the application by Mr Nchito for two of the members to recuse themselves for alleged bias.

The tribunal ruled that it would go ahead, but all matters would be in camera.

Mr Nchito challenged the decision by seeking leave of the court to apply for judicial review.

The Lusaka High Court ruled in his favour and halted the tribunal from proceeding.

The State appealed to the Supreme Court against the High Court’s decision, and on February 10 this year, the Supreme Court allowed the appeal by the State.

Sources disclosed yesterday that the tribunal resumed its sittings with Catherine Phiri, the deputy chief State advocate, being the first witness to testify.

There was an indication of activity at the venue with some people being seen walking in and out of the premises holding files.

The gates of the premises remained shut, but several motor vehicles were seen parked inside.

The tribunal is expected to conclude its sittings next week.

20 COMMENTS

    • @Quest…..in the open so that Fred Mmembe can intimidate and tear appart witnesses in his Post Newspaper? Nchito conducted one in camera for Mukelebai Mukelebai and the only evidence he had was a claim made by a potter that he had seen Mukelebai with Xavier Chungu at a named hotel in Livingstone.

    • The reason you are giving is EXACTLY WHY this tribunal should be in the open to put the public FOR SCRUTINY such “questionable” evidence like (A porter saw Mukelebai & Chungu and a Livingstone hotel). In the absecnce of verbatim of the tribunal . How do you expect me to believe what your saying about the Porter evidence? IT BECOMES MERE HEARSAY, I am afraid!

    • The reasons why such proceedings are held in camera is to simply protect the state secrets, the person(s) giving evidence is still under oath of to state secrets, hence such information must not reach the general public without due considerations! Mind you all governments throughout the world have secrets, and procedures of how to protect certain classified information within the domains of the state.

    • You say Mutembo is part of the cartel so what can stop him from leaking infor to Mmembe after the sittings even if they are behind closed doors? Your argument makes no sense Ba Sebenza. There is no reason for secrecy and why are you and your government so scared of one Newspaper guy? If he tells lies expose him and people will stop trusting him. But you are unable to do that that’s why he still remains influential and still sells papers even at K10 Despite your campaign against him including using ZRA and other state organs.

    • @Mwe Bantu…….if you have been following the proceedings my argument would have made sence………..the chairperson of the tribunal passed a ruling baring publication of the proceedings of the tribunal in the media.

  1. This is a sad indictment on the judiciary and the Govt. What do you have to hide? Justice demands an open transparent tribunal. How do you expect us to believe your findings? Shame on you.
    This is a Kangaroo court with a pre-determined result. Sad for our country.
    So far the state has withdrawn the drugs charge & the High court has rubbished the Mahtani Nolle. This shows that this was a fishing expedition from the begining.

  2. Lawyers and judges should be like medical doctors who can accept the same medicine they give pipo when they are sick. It does not show good picture when judges resist courts which they subject their friends to.

    • Medical Doctors do not take the Oath of state secrets, hence they can easily consume the same ”medication” from other Medical doctors in this case Public Officers who take the Oath of secrecy of the state, caution must be excised. The state by functions require that certain information be kept exclusively to authorised individuals only, thus it may feel that certain information may be misconstrued and cause public discontent or undress the state institutions to the detriment of their functions and integrity.

  3. Yet to find out how it will go with the screaming headline in the post about having an own goal. very interesting. One thing I have learnt is you can always find a way out of cases if u are public figure via#gettingmygrade12certificatereadyforpossiblevacancyconstituencyaround#

  4. This must have been overtaken by events because of the amended constitution. There is serious comedy taking place where even our supreme court judges could read the judgement even when the constitution has changed the way DPP should be removed from office. Comedy continues.

  5. The tribunal must conclude this matter soonest, justice delayed is justice denied. More importantly lets fix this greedy Cartel cohort, then M’membe next.

  6. Ba Sebenza. Surely a government that is afraid of a single person like Fred Mmembe is not worth the name. Which witnesses has Fred Mmembe ‘torn’ to pieces? Changala? Newton Nguni? Tayali? Are these your men of honour? When did Mutembo “conduct a tribunal in camera? Has he ever been a judge?
    Besides, that is the reason you should hold Mutembo’s tribunal in the open! To show that YOUR type of justice is NOT underhand! But between you & Mutembo, it seems you are the ones fearing the light! If you want to defeat your opponent, do it within the law! Mutembo has said: “No one is above the law…… and no one is BENEATH the law”! This one man really terrifies you! Maybe it is because he has nothing to hide!

  7. Comment:Fred Memmbe is a prophet of justice.He has owaz fought 4 equal rights and justice when some of you were hiding during the 1st and second republic.That is not 2 say he is infallible.

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